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特别权力关系理论是德国传统行政法学所构建的一种特别理论,其对许多大陆法系国家都产生了极大影响。该理论核心在于将某些行政事务排除出法律保留原则的约束,赋予其不受司法审查的行政绝对领域。特别权力关系理论的存在并不违反自由法治国家的法治要求,但是却不可避免地与社会法治国家的法治精神相悖,故对其予以否定乃为时代之必然要求。否定的过程并非一蹴而就,而是渐进的缓慢过程;其中,乌勒的基础关系和管理关系二分理论无论是在理论还是在实务上都影响至深。
Special power relations theory is a special theory constructed by German traditional administrative jurisprudence, which has a tremendous impact on many civil law countries. The core of the theory is to exclude some administrative matters from the principle of legal reservation and give it the absolute administrative field that is not subject to judicial review. The existence of special power relations theory does not violate the rule of law in a free and rule of law country, but it is inevitably contrary to the spirit of the rule of law in a society ruled by law. Therefore, denying it is an inevitable requirement of the times. The process of negation is not a one-way process, but a gradual and gradual process. Among them, the two-point theory of the relation between the fundamental and the management of Ule is profound in both theory and practice.